You may be entitled to compensation for slip and falls in a bathtub or shower. Find out who is to blame and how to file a claim.

According to the Centers for Disease Control and Prevention (CDC), over 20 million people per year suffer nonfatal slip and fall injuries in the bathroom, most often in the shower or bathtub.¹

If you slip and fall in a bathtub or shower away from home, you may be eligible for compensation if your fall injuries were caused by someone else’s negligence. Here’s what you should know about injury claims for shower and tub injuries.

Liability for Bathtub Slip and Fall Injuries

Bathroom injury claims are usually based on the negligence of the property or business owner. If the property owner did not act to prevent falls by guests, they’re probably responsible for your injury.

Bathtub and shower slip and fall claims against hotels or gyms are premises liability claims. Bathing facilities at those places are cleaned and maintained by the business.

Liability for Bathroom Falls at Home

The question of responsibility is more complicated when the slip and fall happens in your own bathtub.  Most homeowners’ insurance policies don’t cover injuries to household members.

While claims related to slip and fall accidents are typically premises liability claims, you might have other grounds for a claim or lawsuit. If your fall was caused by a defective bathtub that warped and caused you to trip, you may have a product liability claim against the manufacturer of the bathtub.

Other types of product liability claims are possible. Perhaps you used a cleaner in your bathtub that left behind too much residue. If that residue made the bathtub surface slippery and caused you to fall, you could have a claim against the manufacturer of the cleaning product.

When deciding whether and how to make a claim, talk to an experienced slip and fall injury lawyer for legal advice on the best way to pursue your claim for compensation.

What To Do After Falling in a Hotel Shower

The majority of slip and fall accidents in hotels happen in the bathtub or shower. If you’ve fallen while showering in a hotel bathroom or locker room, take steps to protect your health and preserve your right to seek compensation.

1. Take Pictures at the Scene

If you’re able, take photographs and video of the shower or tub area where you fell. If there is blood on the floor or walls, don’t clean it up. Take enough pictures to document the floor, walls, faucets, and other fixtures.

Your photographic evidence can help document if the area lacked non-skid surfaces or bath mats, safety handrails, grab bars, and other dangerous conditions.

2. Notify Hotel Management

Call the front desk and ask for a manager to come to your room or wherever the fall occurred. Tell the desk clerk that you have been injured in a fall. Avoid saying anything that might suggest you are at fault, like “I’m so clumsy” or “Maybe I should have skipped the wine with dinner.”

Don’t amble down to the front desk to report the accident. You may have suffered a significant injury that is masked by the adrenaline rush caused by the fall.

3. Get Prompt Medical Attention

Never refuse medical treatment after a fall at the hotel. Let the staff help you with first-aid or call an ambulance. If paramedics want to take you to the hospital emergency room, let them.

Even if you are far from home, you need a prompt medical evaluation. If you are not taken by ambulance to the hospital, ask the hotel manager to help you arrange transportation to a local urgent care center.

Refusing or delaying medical treatment gives the insurance company an easy excuse to deny your injury claim by arguing you weren’t actually hurt at the hotel.

4. Request an Incident Report – But Don’t Sign Anything

Ask the manager to file an incident report and provide you with a copy. Most big hotel chains have procedures for reporting guest injuries to the corporate office.

If they write one up and ask you to sign it, be careful. You don’t want to inadvertently sign away your rights to injury compensation. It’s okay to say you’re not in any condition to read or sign anything.

Don’t expect the manager to give you a copy of the incident report. If your claim turns into a lawsuit, your attorney can get copies from the hotel through the discovery process.

5. Consult a Personal Injury Attorney

Serious injury claims are best handled by a qualified attorney to ensure the best outcome for the victim. You don’t have to be permanently injured to need a lawyer. You’ll need legal help with any complicated injury claims.

Potential complications include:

• Location, if you’re hurt at a hotel outside your home state
• Allegations of shared blame
• More than one liable party, like the hotel and the bathtub manufacturer

Pursuing Claims for Bathroom Falls

Most slip and fall injury claims are paid by the negligent property owner’s insurance company. If you’ve fully recovered from relatively minor injuries, you may decide to handle the insurance claim on your own.

Whether you decide to handle your own slip and fall claim or rely on an attorney, you will need to have proof of your damages, and an accurate calculation of your claim’s value.

Calculate your claim’s value by adding up your medical costs, out-of-pocket expenses, and lost wages. Add one or two times that amount to account for your pain and suffering.

If you’re handling your own claim, send a demand letter to the insurance adjuster with copies of your supporting documentation.

Documents to support your claim may include:

• Medical bills and bills
• Receipts for out-of-pocket expenses
• Lost wages verification
• Pain and suffering diary

The value of bathroom slip and fall claims varies widely based on the nature of the injury. A fall resulting in a broken wrist could easily exceed $10,000, particularly if your wrist requires surgery. A head injury could be worth $60,000-$70,000, while a serious traumatic brain injury could be worth $500,000 or more.

An important factor in getting full compensation is organizing, collecting, and presenting evidence to support your claimed damages. This preparation may be tedious, but it can pay large dividends later.

The severity of bathroom slip and fall injuries varies greatly from case to case. Though most injuries are not fatal, a broken hip or severe head injury can be life-altering.

If you or a family member has suffered an injury after slipping and falling in the bathtub or shower, take control of the situation. Gather your evidence and contact a qualified personal injury lawyer for a free consultation and case evaluation.